Huey v. Huey
Supreme Court of Iowa
Appeal from Jefferson District Court. Plaintiff is the-'widow of John T. -Huey. In tbis action she seeks to recover of tbe defendant, Samuel C. Huey, and bis co-defendants (wbo are sureties upon bis bond as executor of tbe husband’s estate), tbe amount of ber distributive share as such widow. Trial and judgment for plaintiff, and defendants appeal.
1Opinion of the CourtWright, J.
1. Evidence : admission out of regular order: statute construed. It seems that after plaintiff rested ber case, defendants’ counsel moved for a nonsuit, upon tbe ground that tbe evidence was not sufficient,' *■ mi , 3 etc. lbe court intimated some doubt whether 4 plaintiff had shown any breach of the bond, and thereupon plaintiff asked leave to offer “ further evi*527dence-in-chief in support of the action.” Defendants objected; objection overruled, and plaintiff was permitted to offer additional evidence, to which defendants excepted. And herein we have the first matter presented for our…
2Cited by3 opinions
- Chicago, Burlington & Quincy Railway Co. v. GouldSupreme Court of Iowa · 1884
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Lackie v. EmmertSupreme Court of Iowa · 1919